Terms & Conditions
Holidaywala.net website is an online travel portal owned and operated by Holidaywala Tour and Travels Private Limited, a company incorporated under the Company Act, 1956, with its registered office at S.C.O. 2019/4, K.S.M. ROAD, RAJPURA, DISTT. PATIALA, PUNJAB 140401. Through the Website, Holidaywala.net shall carry on the business of tour operator, travel agent and provide travel-related information, pricing, availability and reservations for airlines, hotels, railway, holiday packages, bus and car rentals throughout India and abroad.
This User Agreement sets out the terms and conditions on which Holidaywala Tour and Travels Private Limited shall provide the Services to the User through the Website. In addition to this Agreement and depending on the Services opted for by the User, the User shall be required to read and accept the relevant Terms for such Service, which may be updated or modified by Holidaywala Tour and Travels Private Limited from time to time. Such Terms shall be deemed to be a part of this Agreement and in the event of a conflict between such Terms and this Agreement, the terms of this Agreement shall prevail.
Use of the Website is offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the Terms, as may be posted on the Website from time to time. For the removal of doubts, it is clarified that use of the Website by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the Terms & Conditions. The User must not use the website if he/she does not agree with any part of such agreement, terms & conditions and notices.
Holidaywala Tour and Travels Private Limited may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service (for example, flights, hotel reservations, packages, etc.). The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including terms and conditions set forth. In the event any of the terms, conditions and notices contained in this Agreement or the Terms conflict with the additional/other terms and guidelines specified by Holidaywala Tour and Travels Private Limited, then the latter terms/guidelines shall prevail.
Holidaywala Tour and Travels Private Limited at its sole Discretion Reserves, The Right To reject any Order Placed By The User Through The Website Without Assigning any Reason Therefore any Contract To Provide Any Service By Holidaywala Tour and Travels Private Limited is Not Complete Until the entire Money Towards The Service Is Received From The User and Accepted by Holidaywala Tour and Travels Private Limited.
TERMS & CONDITION OF USE
Holidaywala Tour and Travels Private Limited reserves the right to change or amend the terms and conditions under which the Services are offered through the Website, including but not limited to the charges for the Services provided through the Website. The User shall be responsible for regularly reviewing these terms and conditions. When user access any sub-site through this site, then such sub-site may have its own terms and conditions of use which is specific to such sub-site. Sub-sites may contain such additional terms and conditions of use as may be set out in such sub-site.
USER ACKNOWLEDGEMENT
The User hereby agrees that he/she has read and fully understands the Privacy Policy of Holidaywala Tour and Travels Private Limited in respect of the Website. The User further consents that the terms and contents of such Privacy Policy are acceptable to him/her.
The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Service. For the removal of doubt, it is clarified that the Website is not for commercial use but is specifically meant for personal use only. The User further agrees and undertakes not to modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website.
HOLIDAYWALA TOUR AND TRAVELS PRIVATE LIMITED BOOKING CONDITIONS
Holidaywala Tour and Travels Private Limited is marketing and / or coordinating tour under its brand name Holidaywala.
PAYMENT
Customer undertake to pay balance amount within 30 days before departure and the cost of land arrangement abroad will be paid from the proceed of foreign exchange purchased by concerned traveler from an authorized agent (Including Exchange drawn for private travel). The said amount will be collected in INR and will be charged as per prevailing bank card rate on the day of making payment.
LIMITATION OF LIABILITY
Holidaywala Tour and Travels Private Limited are travel and holiday organisers only. Holidaywala Tour and Travels Private Limited do not control or operate any airline, neither do we own or control any shipping company, coach or coach company, hotel, transport or any other facility or service mentioned on this website. We take care in selecting all the ingredients in your holiday, but because we only select and inspect them and have no control in running them, we cannot be held responsible of any delay, improper services provided by an independent agency, airlines, transport, hotel any provider of services, for any injury, death, loss or damage which is caused by the act or default of the management or employees of any hotelier, airline, shipping company coach owner / coach operator who are the company's independent contractor arising outside our normal selection and inspection process. Holidaywala Tour and Travels Private Limited are also not responsible for the delay or deficiency in services provided by agency, airlines, transport, hotel any provider of services, or/and any act or actions of co-traveler, co-passenger which may result in availing the following and/or other services on the tour. The information given in this website is as accurate as Holidaywala Tour and Travels Private Limited can make it. Our descriptions are of amenities normally available. However, circumstances can change due to any events beyond our control. The maximum liability on part of Holidaywala Tour and Travels Private Limited arising under any circumstances, in respect of any services offered on this site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include and consequential loss, damage or additional expenses whatsoever. Where we may know of these sufficiently in advance we will notify you, otherwise our tour managers or local representatives will inform you of the changes on the spot. Please note that the website is design a few months in advance. There are also very big Fairs and Exhibitions lasting upto two weeks. Where all the hotels are fully booked several years ahead. Every effort is made to avoid such dates, but in few instances where it is unavoidable, it may be necessary to stay in hotels in other cities.
PROBATION AGAINST UNLAWFUL USE
As a condition of the use of the Website, the User warrants that it will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement and implied. In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party's use and/or enjoyment of the Website. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website.
COMMUNICATION SERVICE
This Website may contain services such as email, chat, bulletin board services, information related to various tourist spots, news groups, forums, communities, personal web pages, calendars, and/or other message (hereinafter collectively referred to as "Communication Services"). The User agrees and undertakes to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, the User agrees and undertakes that when using a Communication Service, the User will not:
Abuse, defame, stalk, harass, threaten or otherwise violate the legal rights of others Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information Upload files that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or have received all necessary consents Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages Conduct or forward surveys, contests, pyramid schemes or chain letters Download any file posted by another user of a Communication Service that the User know, or reasonably should know, cannot be legally distributed in such manner Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded Violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service violate any applicable laws or regulations for the time being in force in or outside India and violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein Holidaywala Tour and Travels Private Limited has no obligation to monitor the Communication Services. However, Holidaywala Tour and Travels Private Limited reserves the right to review materials posted through Communication Service and to remove any materials in its sole discretion. Holidaywala Tour and Travels Private Limited reserves the right to terminate the User access to any or all of the Communication Services at any time without notice for any reason whatsoever. Holidaywala Tour and Travels Private Limited reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Holidaywala Tour and Travels Private Limited sole discretion
PROPERIETARY RIGHTS
HOLIDAYWALA TOUR AND TRAVELS PRIVATE LIMITED may provide the User with content such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by Holidaywala Tour and Travels Private Limited and shall not copy, transmit or create derivative works of such material without express authorization from Holidaywala Tour and Travels Private Limited.
The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
RELEATIONSHIP
None of the provisions of this Agreement, terms & conditions and notices or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the User and Holidaywala Tour and Travels Private Limited and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the User authorizes Holidaywala Tour and Travels Private Limited and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed Holidaywala Tour and Travels Private Limited and its agents as their agent for this purpose.
INDEMNIFICATION
The User agrees to indemnify, defend and hold harmless Holidaywala Tour and Travels Private Limited from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Holidaywala Tour and Travels Private Limited that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this Agreement and/or the TOS. If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
TERMINATION OF AGREEMENT AND SERVICES
Either the User or Holidaywala Tour and Travels Private Limited may terminate this Agreement and a Service with or without cause at any time to be effective immediately. The User agrees that Holidaywala Tour and Travels Private Limited may under certain circumstances and without prior notice, immediately terminate the User's user id and access to the Website/Services. Causes for termination may include, but shall not be limited to, breach by the User of this Agreement or the TOS, requests by enforcement or government agencies, requests by the User, non-payment of fees owed by the User in connection with the Services as specified in the applicable TOS. This Agreement may be terminated by either the User or Holidaywala Tour and Travels Private Limited through a written notice to each other. Holidaywala Tour and Travels Private Limited shall not be liable to the User or any third party for termination of any Service. Should the User object to any terms and conditions of this Agreement, any TOS or become dissatisfied with the Service in any way, the User's only recourse is to immediately: (a) discontinue use of the Website/Service; and (b) notify Holidaywala Tour and Travels Private Limited of such discontinuance. Upon termination of the Service, User's right to use the Website/Services and software shall immediately cease. The User shall have no right and Holidaywala Tour and Travels Private Limited shall have no obligation thereafter to execute any of the User's uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User's registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Website may not be retrieved later
TRANSMITTED MATERIAL
Internet transmissions are never completely private or secure. User understand that any message or information send to this Site may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (send in code). Sending a message to Holidaywala Tour and Travels Private Limited does not cause Holidaywala Tour and Travels Private Limited to have any special responsibility to you. The copyright in the contents of this website belong to Holidaywala Tour and Travels Private Limited. Accordingly, Holidaywala Tour and Travels Private Limited reserves all rights. Copying of part or all the contents of this website without permission of Holidaywala Tour and Travels Private Limited are prohibited except to the extent that such copying/printing is necessary for the purposes of availing of the paid services provided.
DISCLAIMER
Materials provided on this website are provided "as is" without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose and non-infringement.
Holidaywala.net specifically does not make any warranties or representations as to the accuracy or completeness of any such Materials. Holidaywala.net periodically adds, changes, improves, or updates the Materials on this Website without notice. Under no circumstances shall Holidaywala.net be liable for any loss, damage, liability or expense incurred or suffered which is claimed to resulted from use of this Website, including without limitation, any fault, error, omission, interruption or delay with respect thereto.
Use of this Website is at User's sole risk. Under no circumstances, including, but not limited to, negligence, shall Holidaywala.net or its affiliates be liable for any direct, indirect, incidental, special or consequential damages, even if Holidaywala.net has been advised of the possibility of such damages.
User specifically acknowledges and agrees that Holidaywala.net is not liable for any conduct of any User. This Website may contain advice, opinions, and statements of various information providers and content providers. Holidaywala.net does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information provider or content provider, or any user of this Website or other person or entity. Reliance upon any such opinion, advice, statement, or other information shall also be at your own risk. Neither Holidaywala.net nor its affiliates, nor any of their respective agents, employees, information providers or content providers shall be liable to any User or anyone else for any inaccuracy, error, omission, interruption, timeliness, completeness, deletion, defect, failure of performance, computer virus, communication line failure, alteration of, or use of any content herein, regardless of cause, for any damages resulting there from.
As a condition of use of this Website, User agrees to indemnify Holidaywala.net and its affiliates from and against any and all actions, claims, losses, damages, liabilities and expenses (including attorney's fees) arising out User's use of this Website, including without limitation any claims alleging facts that if true would constitute a breach by User of these terms and conditions. If User is dissatisfied with any material on this Website or with any of terms and conditions of use of this Website, User's sole and exclusive remedy is to discontinue using this Website.
The material in this Site could include technical inaccuracies or typographical errors. Holidaywala Tour and Travels Private Limited does not warrant that the functions contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the servers that make it available are free of viruses or other harmful components, but shall endeavor to ensure your fullest satisfaction. Holidaywala Tour and Travels Private Limited does not warrant or make any representations regarding the use of or the result of the use of the material on the site in terms of their correctness, accuracy, reliability, or otherwise, insofar as such material is derived from other service providers such as airlines, hotel owners and tour operators.
NOTICES
All notices and communications (including those related to changes in the TOS, Service, termination of Service etc.,) shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address:
If to Holidaywala Tour and Travels Private Limited, at support@holidaywala.net at the address posted on the Website.
If to a non-registered User, at the communication and/or email address specified in the application form availing of a Holidaywala Tour and Travels Private Limited Service..
If to a registered User, at the communication and/or email address specified in the registration form.
Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.
FORCE MAJEURE
Holidaywala.net shall not be responsible and/or liable for any damage caused to Client due to reasons beyond the control of Holidaywala.net (force majeure / Vis majeure) no liability on the part of Holidaywala.net arising in any way out of this contract, in respect of any tour, holiday, excursion facility shall exceed the total amount paid or agreed to be paid for the tour, holiday and shall in no case include any consequential loss or additional expenses whatsoever.
IMPORTANT
Each and every party/or passenger (hereinafter called Client), shall deal with Holidaywala.net on an express and specific condition and understanding that notwithstanding any clause, provision, custom or usage, TCI shall not be liable to in any manner whatsoever in connection with the documentation, baggage, registration, reservation, transportation, insurance, accident, delay, cancellation, suspension, improper arrangements or any other eventuality. The Client dealing with Holidaywala.net shall be bound by this specific understanding and shall not bring, make or raise any action, demand or claim against Holidaywala.net and/or it's employees, Directors and shall also indemnify Holidaywala.net , if any claim is made or action is brought by any party claiming through the client against it because of his dealing with Holidaywala.net and shall always keep Holidaywala.net and or it's employees fully indemnified against any claims howsoever caused.
No claim or complaint of whatsoever nature and or any claim for damages shall be entertained and or admitted for consideration if lodged with the company beyond 30 days of end of our services and beyond 7 days at the end of package tour services. Whilst every effort has been made to ensure that the information contained in the Holidaywala.net brochures / websites / communiqués is correct at the time of going to press / being published, Holidaywala.net reserves the right to vary, amend, cancel, withdraw, change the operator, services.
INSURANCE
We strongly recommend that all our clients take travel insurance but not limited to cancellation, delays, loss of deposit, medical expenses, personal accidents, loss of baggage and personal effects. Holidaywala.net makes it a condition that the client is fully covered by life, property and medical insurance policy without which Holidaywala.net cannot be held responsible for any claims.
DISPUTE RESOLUTION
Any dispute or breach arising out of or in relation to this Agreement shall be referred to arbitration to be conducted by a sole arbitrator in accordance with the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Rajpura and the language of arbitration shall be English. The decision of the arbitrator shall be binding on the parties and the parties undertake not to dispute the same. Notwithstanding the foregoing, the Parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, and without abridging any of the powers of the arbitration panel and such an action shall not constitute abrogation of the agreement contained herein. This Agreement shall be governed by Indian law and the parties irrevocably submit to the exclusive jurisdiction of the courts of Rajpura. Board of Directors of Holidaywala.net shall appoint the arbitrator and such appointment shall be official and award passed by the arbitrator shall be binding by both the parties.
FOREIGN EXCHANGE
The payment for the hotels or for any other abroad services has to be paid in foreign exchange by the user which would be purchased from authorized dealer. Holidaywala.net being an online travel company will not be responsible for any FERA or FEMA violation and the clients himself will be sole responsible if he/ she breach the same and if the user is making payment for the hotels & other services abroad by credit card, then user has to take care of BTQ quota rules governed by Reserve bank of India. User themselves will be responsible for any violations of rules and regulations.
